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Federal Appeals Court Rejects Trump’s Claim of Absolute Immunity

The New York Times: “A federal appeals court on Tuesday rejected former President Donald J. Trump’s claim that he was immune from prosecution on charges of plotting to subvert the results of the 2020 election, ruling that he must go to trial on a criminal indictment accusing him of seeking to overturn his loss to President Biden. The unanimous ruling, by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit, handed Mr. Trump a significant defeat. But it was unlikely to be the final word on his claims of executive immunity: Mr. Trump, who is on a path to locking up the Republican presidential nomination, is expected to continue his appeal to the Supreme Court. Still, the panel’s 57-page ruling signaled an important moment in American jurisprudence, answering a question that had never been addressed by an appeals court: Can former presidents escape being held accountable by the criminal justice system for things they did while in office?”

The panel wrote: “We cannot accept former President Trump’s claim that a President has unbounded authority to commit crimes that would neutralize the most fundamental check on executive power—the recognition and implementation of election results. Nor can we sanction his apparent contention that the Executive has carte blanche to violate the rights of individual citizens to vote and to have their votes count…. “We cannot accept that the office of the Presidency places its former occupants above the law for all time thereafter…. “For the purposes of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant. But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution….”

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